When Swamp Rats Are Dirty Rats

The revelation of sexual misconduct by Hollywood's Harvey Weinstein has transitioned to the District of Calamity.  Accusations of sexual impropriety threatens to swing two Senate seats and effect the balance of power on Capitol Hill.

Much has been made about  allegations of skivvy conduct by Republican Senate candidate Roy Moore (R-AL).  These accusations stem from conduct nearly four decades ago that were unreported to authorities, but came to light in the closing days of a special election to fill the seat vacated by now Trump Administration Attorney General Jeff Sessions.  The alluvia of allegations sound bad, but are past the statute of limitations, based she-said-he-said allegations with little to no corroborating evidence and relies upon the court of public opinion. 

From a political standpoint, Democrats are anxious to make Roy Moore a poster child for Republicans in 2018 and use the hermaneutic that Republicans condone sexual harassment as a cudgel to impeach President Donald Trump if Democrats regain the House of Representatives.  In the near term, the muck about Moore put the White House in a box.  On the other end of Pennsylvania Avenue, establishment Republicans did not like a loose cannon like Judge Moore to be in the Senate chambers, when it endangers the clubby atmosphere of the Upper Chamber and he could help shake up the leadership.  So many GOP party loyalists were quick to condemn Moore for the alleged but unproven misconduct.

There are concerns that Republicans might lose this previously considered "safe" seat, as Moore is polling with a double digit deficit after these allegations have been publicized.  Since candidate Moore refuses to step aside due to this scandal, the DC GOP suggested writing in another Republican. Apparently, this did not test well and was dropped.  After a careful reading of the Alabama state statutes, centrist Republican Hugh Hewitt claims that the problem could go away if   Senator Luke Strange (R-AL) resigned, creating a new vacancy which would cancel the shaky December 12th election, and Governor Kay Ivey (R-AL) could appoint another caretaker Senator until the next general election (in November 2018).  Considering the shaky ground Jeff Sessions is in at the Department of Justice, it is possible that Sessions be appointed back to his own seat.

[L] Senator Jeff Sessions (R-AL) attending [R] Senator Luther Strange (R-AL) swearing in

Recently, after a pleasant Sunday brunch, we chatted about the troubling news about Roy Moore. As the topic expanded to include sexual harassment by elected officials, two ardent feminists insisted that Congress needed to do something about it and make offenders on Capitol Hill as accountable as the rest of us.  I asked who were their bosses.  The obvious answer was the people.  I maintained that voters get to fire their elected officials periodically and they should decide rather than an insider committee.  That viewpoint was not well received.

Well, it seems that when Congress pushed to make the same rules apply to them as their constituents, there were a few quirks.  Regarding charges of sexual harassment with members of staffers, there is 30 day waiting period before pressing charges.  In addition, the victim making the accusation must undergo mandatory counseling.  That sounds munificent, except the counseling comes from the employer whom someone is accusing.  It would seem that it could be made clear to accusers that going public would not be in anyone's best interests.   If I recall correctly, John Batchelor's news-maker interview indicated that this system has paid out $15 million since its advent in the 105th Congress with nary a word making the press.

Congressional Sexual Misconduct payout ledger

What took party hacks off their sexual harassment game plan was the revelation by a Los Angeles radio personality of Al Franken's inappropriate conduct during a USO mission to the Middle East in 2006, before he was elected as Senator from Minnesota.  The woman reported that she was supposed to do a skit written by Franken that involved a kiss and wanted to rehearse-- she demurred but eventually consented.  During the practice, she alleged that Franken put his tongue halfway down her throat and grabbed her head.  She immediately insisted "Don't do that again!", and she deflected his approach during the skit.

The problem with sexual conduct and Al Franken is about the contemporaneous  photographic evidence. The woman in question wanted to grab some rack time during the 36 hour military flight.  When she was asleep, Franken was seen with a coprophagic grin cupping at her breasts.  No doubt, Franken thought this was funny at the time (and probably a great way to get back at her).  Franken has been known to take outrageous photos for laughs (but the infamous Franken diaper photo was a fake).

Citizen Al Franken takes a picture with a sleeping beauty during a 2016 USO tour.

But this Al Franken moment  was captured on camera. Oops. And the accuser is Leeane Tweeden, a KABC-AM radio personality. Tweeden initially posted #MeToo, but she decided to come forth after hearing Congresswoman Speier's (D-CA 14th)  allegations that members on both side of the aisle have thrust sexual advances while in Congress.

Now this puts a kink into progressive partisans' plans. One of their prominent members stands accused. The public has been primed to always accept the word of victims.  In addition, there is photographic proof. This takes away from the rip the GOP as blanket sexual predator smear.  Rush Limbaugh points out that in this environment, Democrats will have to proverbially throw Senator Franken (D-MN) under the bus to not to seem hypocritical and prospectively use it against their ideological opponents. 

Franken publicly apologized to his victim, claiming that he thought that it was funny.  In addition, Franken submitted himself to scrutiny from his peers.  Maybe this gets it out of the headlines and it gets buried by the press.  If push comes to shove, Minnesota has a Democrat Governor Mark Dayton (D-MN), so Franken would undoubtedly be replaced by another Democrat. 

While justice is a noble pursuit, in this charged environment, the court of public opinion may well condemn non-guilty people just based on innuendo or unproven accusations which are promptly swept under the rug out of convenience.   The reform from the 105th Congress seems to allow members to slide, in a process intended to apply the peoples' law to Congress.  Although there are Ethics Committees to punish members egregious actions, I suspect that the ballot box is still the most efficacious way to punish when swamp rats act like dirty rats. 

Lamenting Aspects of Senator Lautenberg's Legacy

Senator Frank Lautenberg (D-NJ) in US Capitol complex

Senator Frank Lautenberg (D-NJ) died today at age 89 from complications from pneumonia. Lautenberg was the last Senator who served in combat during World War II.  Lautenberg was elected to the Senate in 1982 and served three terms before retiring in 2000.  Lautenberg was enlisted as a last minute candidate in October 2002 after Senator Robert Torecelli (D-NJ) was forced to withdraw from the race due contributions from a businessman with North Korean connections.  After great controversy, the New Jersey Supreme Court allowed this extra-legal candidate swap and Lautenberg beat Republican Doug Forrester by 54%-45%.  In Lautenberg’s second senatorial incarnation, Lautenberg won re-election in 2008 and had indicated that he did not plan to run again in 2014.

Fox News Channel political contributor Julie Roginsky offered laurels to Lautenberg, to whom she was a senior political strategist,  for the man who saved thousand of lives from drunk drivers and secondhand smoke as well as banning those convicted of domestic violence from exercising their Second Amendment rights. Prior to the Soviet Union's collapse, right center radio commentator Hugh Hewitt pointed out that Senator Lautenberg was instrumental at helping Soviet Jewry escape the Iron Curtain.  Indubitably, Lautenberg was a quintessential modern liberal who approved of abortion and  gun grabbing.  

While I appreciate Julie Roginsky’s adoration for her old political boss, it seemed that almost all of his accomplishments and effective political presence occurred before he retired in 2000.  Aside from acting as a leading voice against the George W. Bush Administration’s practice of engaging columnists like Armstrong Williams to publicize policies like “No Child Left Behind”, to this engaged political observer, Lautenberg’s legacy was being a reliable progressive vote.  Senator Lautenberg 2.0's biggest accomplishment seemed to have been a “Campus Fire Safety Act” prompted by a fire at Seaton Hall fire, that was then attached to a Higher Education Reauthorization Act in 2008.

To me, Lautenberg’s legacy is a reminder of how Democrats have consistently tried to manipulate election law when it suits their purpose and insure election.  Under New Jersey law, Democrats missed the deadline for replacing a candidate, saying a candidate who wants to get off the ballot must do so at least 51 days before the election, and a replacement must be selected at least 48 days before the vote.   Toricelli dropped out 36 days before voters went to the polls and the then 78 year old Lautenberg was switched in 35 days before the election.  No matter to the Democrat dominated New Jersey Supreme Court, which rationalized the substitution  by invoking “the general intent” of election law, acting “for the public interest” to preserve a vigorous “two party system.”  The problem is that none of that lexicon existed in the public statute. 

This was not the only time in the last dozen years which Democrats have manipulated election law to serve their purposes.  Die hard Democrats insist that President George W. Bush was “selected, not elected” because of Florida recount in the extremely close 2000 Presidential race.  Of course, they forget that their legal remedy involved selective recounts of key counties (which were Democrat strongholds), which was no-where in the law.  

Carnahans at Gov. Mel Carnahan's (D-MO) Memorial Oct. 2000

The year 2000 also had some strange Senatorial electioneering.  Governor Mel Carnahan (D-MO) was running against incumbent Senator John Ashcroft.  Mr. Carnahan was killed in a plane crash on the campaign trail three weeks before the election along with his son.  Senator Ashcroft suspended campaigning during this period and the Acting Governor Roger B. Wilson vowed to appoint the widow Jean Carnahan if her husband won posthumorously.  By a narrow margin, Missouri elected a dead-man to the Senate, defeating Ashcroft.  Senator Ashcroft did not contest the election even though the winning candidate did not “live” in the state.  The Senate seat was declared vacant and Mrs. Carnahan was appointed the U.S. Senator (D-MO).  She sought to retain her seat in 2002, but was narrowly defeated by now Senator Roy Blunt (R-MO).

Ex President Clinton & ex VP Walter Mondale at Wellstone Memorial 

In another airplane tragedy, the charismatic progressive Senator Paul Wellstone (Democrat Farm Labor-MN) died in a crash with his wife and child on October 25, 2002, just days before the 2002 general election.  Following Minnesota law, Wellstone’s name was stricken from the ballot and the DFL chose former Carter Administration Vice President Walter Mondale to run against Republican St. Paul Mayor Norm Coleman for the Senate seat.  It was commendable that state law was followed in this election exigency.  However, Wellstone’s memorial, which was nationally televised, was turned into a partisan pep rally (Vice President Dick Cheney was asked not to attend by the Wellstone family).  Minnesota voters narrowly elected Senator Norm Coleman (R-MN) who served one term before losing the 2008 re-election by 312 votes and three recounts to now Senator Al Franken (D-MN).

Sen. Paul Wellstone (DFL-MN)

I can admire politicians from the other end of the political spectrum.  I have admired the intellect the integrity and the iconiclast inclinations  of Senator Daniel Patrick Moynihan (D-NY).  While I do not come from a progressive bent, I appreciated the happy warrior vibe of Senator Paul Wellstone.  What I lament is circumventing election law to achieve partisan political ends.  


So despite all of the good works that Lautenberg lovers may lionize during his first stint in the Senate, this political animal laments that  Lautenberg’s legacy is being remembered as a political hack who was used to eviscerate election law.  After being ushered into office again,  the best that can be said about the later Lautenberg is that he was a reliable liberal vote. At worst, the electoral  corruption stinks of the worst of New Jersey and is a reminder of how broken the American electoral process seems to be.